| 1 | 1 | | By: Castro, Martinez Fischer, Lucio III, H.B. No. 2202 |
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| 2 | 2 | | Bolton, Leibowitz, et al. |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to protective orders against family violence. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 71.0021(a), Family Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (a) "Dating violence" means an act by an individual that is |
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| 12 | 12 | | against another individual with whom that person has or has had a |
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| 13 | 13 | | dating relationship, or by an individual against another individual |
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| 14 | 14 | | who is in a dating relationship with a third individual with whom |
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| 15 | 15 | | the actor is or has been in a dating relationship or marriage, and |
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| 16 | 16 | | that is intended to result in physical harm, bodily injury, |
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| 17 | 17 | | assault, or sexual assault or that is a threat that reasonably |
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| 18 | 18 | | places the individual in fear of imminent physical harm, bodily |
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| 19 | 19 | | injury, assault, or sexual assault, but does not include defensive |
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| 20 | 20 | | measures to protect oneself. |
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| 21 | 21 | | SECTION 2. Chapter 81, Family Code, is amended by adding |
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| 22 | 22 | | Section 81.010 to read as follows: |
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| 23 | 23 | | Sec. 81.010. COURT ENFORCEMENT. (a) A court of this state |
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| 24 | 24 | | with the jurisdiction of proceedings arising under this title may |
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| 25 | 25 | | enforce a protective order rendered by another court in the same |
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| 26 | 26 | | manner that the court that rendered the order could enforce the |
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| 27 | 27 | | order, regardless of whether the order is transferred under |
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| 28 | 28 | | Subchapter D, Chapter 85. |
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| 29 | 29 | | (b) A court's authority under this section includes the |
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| 30 | 30 | | authority to enforce a protective order through contempt. |
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| 31 | 31 | | SECTION 3. Section 82.002(b), Family Code, is amended to |
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| 32 | 32 | | read as follows: |
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| 33 | 33 | | (b) With regard to family violence under Section 71.004(3), |
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| 34 | 34 | | an application for a protective order to protect the applicant may |
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| 35 | 35 | | be filed by a [an adult] member of the dating relationship, |
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| 36 | 36 | | regardless of whether the member is an adult or a child. |
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| 37 | 37 | | SECTION 4. Sections 85.065(a) and (b), Family Code, are |
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| 38 | 38 | | repealed. |
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| 39 | 39 | | SECTION 5. The changes in law made by this Act to Sections |
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| 40 | 40 | | 71.0021 and 82.002, Family Code, apply only to an application for a |
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| 41 | 41 | | protective order that is filed on or after the effective date of |
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| 42 | 42 | | this Act. An application for a protective order filed before the |
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| 43 | 43 | | effective date of this Act is governed by the law in effect on the |
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| 44 | 44 | | date the application is filed, and the former law is continued in |
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| 45 | 45 | | effect for that purpose. |
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| 46 | 46 | | SECTION 6. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2009. |
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